Wage Law

The plaintiff in Murphy v. Kenneth Cole Productions, Inc. has filed a petition for review with the California Supreme Court. The petition will be fully briefed by early February, and a decision from the Supreme Court can be expected by mid-March, though it could be as late as April or even May.

The Supreme Court has at least 60 days to grant review, running from the date that the last petition in the case was filed, but the court has the right to extend this deadline for one or more additional periods up to 30 more days. Single extensions are often ordered, though multiple extensions are uncommon.

If the court denies review, the wage/penalty debate concerning meal and rest period pay will be all but over. If review is granted, no party will be permitted to cite Murphy v. Kenneth Cole Productions, Inc. and it will likely be a year or more before the issue is finally resolved.